Overloading a car is quite a common occurrence. It can be caused either by commercial interest, when the driver wants to bring everything he needs in one trip, or by simple, everyday laziness - the driver does not want to ride several times. In any case, this is a dangerous phenomenon that needs to be combated. And, a fine for overloading a truck, as well as a passenger car, is by no means uncommon.
The danger of overloading a truck, like a car, is as follows:
- in wear and tear of the vehicle;
- destruction of asphalt covering roads;
- the braking distance lengthens, which increases the risk of accidents, especially in winter; with sharp braking, the likelihood of skidding increases;
- gasoline consumption increases;
- reduction in vehicle maneuverability.
These are the most basic consequences, however, they are far from the only ones. Very often, overloading a car leads to accidents that end in death.
Attention! Typically, truck owners ignore excess weight. According to statistics, more than twenty percent of these vehicles move in violation of specified standards for the maximum permissible weight of cargo.
The danger also lies in the fact that when overloaded, there is a high probability of the load falling out of the car. This will create an emergency situation on the road. Moreover, dangerous goods will only increase the number of victims.
Important! Therefore, legislative restrictions on weight were not introduced by chance. If these rules are violated, then, according to the law, a fine is applied to the violator.
Permissible loads
Each type of vehicle has its own maximum permissible load size. It is calculated depending on the maximum load possible on the axle of the car.
It also depends on the fact that GOSTs, on the basis of which road construction is carried out, include requirements that indicate the maximum possible load. These requirements can be found in the traffic rules.
In addition, the distance at which the axles are located influences the weight of the load.
In general, the maximum weight can be determined based on the distance between the axles and the maximum load set for them.
For truck
So, for a truck, the distance between the axles of which is up to one meter, the maximum possible load is six tons.
If this distance is from a meter to a meter of thirty-five hundredths, then the weight increases to seven tons.
When the distance between the axles is from one meter thirty-five hundredths to one meter sixty-five hundredths, the permissible load weight is eight tons.
The distance ranges from one meter sixty-five hundredths to two meters? Then the truck can be loaded with nine tons.
And, if the distance between the axles is two meters, the maximum possible load is ten tons.
For passenger car
The calculation principle remains the same.
If the distance between the axles is up to one meter, the maximum possible load should be no more than four and a half tons.
When the distance ranges from one meter to one thirty-five hundredths meter, the load should not be heavier than five tons.
If the distance is from one 1.35 to 1.65 meters, then the load should not exceed five and a half tons.
The axles are spaced from one meter sixty-five to two meters, then the weight is no more than five point seven tons.
And, if the distance is two meters, the load should be no more than six tons.
How do you check for excess weight?
In order to determine whether your vehicle is overloaded, you will need special equipment.
The inspection will take the form of weighing the vehicle. This can be done in two ways:
- Static. The first method is that the car must come to a complete stop, after which it is weighed.
- In move. For the second method, a complete stop is not necessary, however, the speed should be no more than five kilometers per hour. After which the weight of the car is recorded using scales. For this purpose, special axle scales are used for vehicles, both trucks and cars.
The difference between these methods, as is obvious, is that the first requires a complete stop of the car.
In addition, the difference also lies in the measurement error. The first method is as accurate as possible, while the second is characterized by errors from half to three percent.
The results obtained are compared with the source, which indicates the permissible load values for each specific type of vehicle.
Attention! There may be differences between the indicators not exceeding five percent. This is due to measurement errors.
If your car is overloaded, you will have to pay a fine.
Sanctions for violation
Important! For overloading a truck, like a car, the driver must pay a fine. It changes due to different criteria.
For example, who is to blame, an individual or a legal entity. If the violation was made by an individual, the driver must pay a fine of five to ten thousand.
Exceeding the permissible weight may vary by five percent from the figure indicated in the source. If the weight turns out to be significantly greater, further movement may be prohibited, and the car may be sent to a fine parking lot.
If the violation was committed by a legal entity or individual entrepreneur, the size of the fine increases significantly. Moreover, it will not be the driver himself who will pay it, but the official who sent the driver on the road.
It is the official who will be held accountable, and it is this official who must be punished.
For an individual entrepreneur, lack of registration as a legal entity will not be a reason for exemption from liability.
The fine ranges from two hundred fifty to four hundred thousand. The final size will depend on the degree of overload of the vehicle.
Attention! The fines for overloading a truck in 2017 are certainly significant. They were installed so that overloading of vehicles in the activities of organizations would lead to losses exceeding profits.
Large cargo
Transportation of these goods is permitted only with permission. This type can be divided into two types:
- with axial load;
- with dimensions equal to the car or longer than it.
The transportation of large cargo is regulated by traffic rules and other special acts. The basis for such transportation is permission. It can be one-time or long-term.
After permission has been received, transportation must be carried out, observing a number of rules:
- do not deviate from the predetermined route;
- do not exceed the maximum permitted speed;
- stop driving in ice, rain or if visibility becomes less than one hundred meters;
- do not drive along the side of the road, except when this is specified in the permit;
- stop only in places specially designated for this purpose;
- If a malfunction occurs that may lead to an emergency, stop driving.
Is it possible to challenge the decision?
It is certainly possible to challenge the payment of a fine.
If you are sure that the fine was unfairly imposed on you, then you need to fight for its cancellation.
The following may be arguments that will help you defend your position:
- documents containing the weighing of the vehicle before it was sent on the road;
- evidence confirming the fact that the scales are not working properly;
- unclearness of the drawn up protocol;
- actions not in accordance with the regulations of the traffic police inspector.
Penalties for overloading a car and overloading a truck are quite common. Their large sizes seem extortionate to motorists, however, they protect the condition of the road and the road users themselves.
Do not forget that overloading a truck, as well as a passenger car, is extremely dangerous.
The term “vehicle overload” is presented in the form of axle load - this is the mass that is transmitted by the wheels of each axle to the road surface. The concept of “weight” can include both the total weight of the car and including cargo.
To calculate this indicator, it is necessary to correlate the load on the rear axle and the front. In most cases, the front axle experiences significantly less load than the rear axle, since the weight is the cab and power unit at the front, and the cargo compartment at the rear. How much is the fine for overloading, and is it possible to challenge this administrative penalty?
From the point of view of traffic regulations, overloading a truck leads to the following dangerous situations on the road:
- destruction of the roadway;
- deformation of the vehicle that negatively affects handling;
- a decrease in the maximum speed of the vehicle provokes congestion and emergency situations;
- braking distance increases significantly;
- vehicle controllability decreases, especially when there is uneven distribution of load over the body.
The profile regulatory framework is responsible for regulating the procedure for transporting cargo on the territory of the Russian Federation. The guideline is Federal Law No. 257, adopted in 2007, according to paragraph 2 of Article 31 of which trucks whose weight is 2.5% higher than the regulated norms can only travel with a special permit. Vehicles of the Russian Army are not included in this category.
When coordinating the overload with the official authorities, the owner of the vehicle is obliged to inform about the route and pay compensation for damage to the roadway.
Exceeding the standard by 10% allows you to obtain a permit during the working day according to a simplified scheme. Regarding the load limits, the standards are regulated by government decree No. 272 and for trucks that travel one at a time, these standards are as follows:
- 18 tons for two-axle trucks;
- 25 tons for 3-axles;
- 32 tons for 4-axles;
- 35 tons for 5-axles.
It is also necessary to take into account the axle load if the vehicle is traveling on a highway with restrictions of 11.5 tons, 10 tons and 6 tons. The type of wheels and the distance between the axles should also be taken into account.
Permission to exceed cargo weight
If it is necessary to transport cargo whose weight exceeds the indicators specified in the documents, you must obtain a special permit, which will indicate the following information:
- type of transportation: international, regional, local, etc.;
- validity period of the permit;
- truck route;
- vehicle characteristics;
- information about the owner, sender, and recipient of the cargo;
- cargo characteristics; https://www.youtube.com/watch?v=szFgZREJOOg
- dimensions and weight of the vehicle and cargo;
- distribution of total mass along individual axes;
- name of the authority where the permit was obtained.
Transportation of large cargo
Separate standards are provided for the transportation of large cargo. We are talking about a load that protrudes a meter from the rear or 10 - 50 cm from each side. It is necessary to use special signs when registering cargo to recognize it during the day, as well as lights or reflective elements to ensure visibility of the cargo at night.
In this case, a fine for overloading a truck in the amount of 1 to 400 thousand rubles is provided if the dimensions of the cargo exceed the norm by 10 - 50 cm or the parameters specified in the special permit.
If the issued fine turns out to be exorbitant for the driver, the vehicle is driven to the impound lot.
How to calculate the load
It is not possible to accurately calculate the load, but there is no need for this. The step-by-step actions are as follows:
- determining the weight of the car according to the registration certificate;
- determining the weight of the cargo, for example, using the invoice;
- dividing the results by the number of axes.
It is necessary to take into account only the maximum results, since during control weighing attention is paid to this parameter. The standard for each vehicle can be calculated using the table in the mentioned resolution.
Weight control is represented by mobile and stationary control weighing posts. Stationary ones are located along the road in a specific location, while mobile ones are represented by vans that can be moved at any time and mass control can be carried out anywhere.
When it comes to weighing methods, the following options are worth considering.
- Weighing by sensors without stopping the vehicle at low speed. The error in this case is 3% and this is too high.
- Static weighing involves stopping the vehicle. The mass in this case is determined as accurately as possible.
Both methods allow you to determine the total weight and overload on the axle.
Fines for overloading a truck
So, what fine for overloading is provided in 2019 for different categories of citizens for various deviations from the norm? Let's look at them.
- If there is an overload of 2 - 10%, the driver pays 1 - 1.5 thousand rubles, the official 10 times more, the legal entity 100 times more. Automatic detection of overload involves a fine of 150 thousand rubles, which is paid by the owner of the vehicle.
- 10 - 20% overload leads to a fine of 3 - 4 thousand rubles for the driver, 25 - 30 thousand rubles for an official, 250 - 300 thousand for a legal entity and a maximum fine of 300 thousand for the owner with automatic fixation.
- 20 - 50% overload involves a fine of 5 - 10 thousand for the driver or deprivation of rights for 2 -4 months. An official pays 35-40 thousand, a legal entity pays 10 times more.
- 50% overload or more leads to deprivation of the driver's license for 4 - 6 months or a fine of 7 - 10 thousand, the official pays 45 - 50 thousand, legal - 10 times more.
- The driver is required to pay a fine of 5 thousand if he violates the restrictive requirements for driving on a road section with appropriate signs.
Individual entrepreneurs who own a vehicle driven by a driver who committed an administrative offense pay a fine in the same way as legal entities.
Methods of paying a fine
The fine for the offense in question must be paid within 60 days. If a foreign citizen has violated the law, payment of the fine must be made the next day. In addition, he may additionally be deported. Payment of the fine within the first 20 days after the decision is issued gives a 50% discount.
Within 24 hours after payment, the organization that accepted the transaction is obliged to notify the relevant division of the automobile inspection about this event. The driver, in turn, receives a receipt, which must be kept for 3 years.
If you ignore the need to pay the fine, the debtor will face the following sanctions:
- ban on leaving Russia;
- seizure of personal bank accounts if the offender is a legal entity;
- seizure of movable or immovable property.
If the offender manages to prove the inability to pay the fine with documentation, the payment period may be extended to 5 years.
Good afternoon, dear reader.
In the near future, there will be further changes to traffic police fines. This is about November 20, 2011 when will come into force new fines for overloading a car.
The corresponding federal law N 296-FZ was published in the Rossiyskaya Gazeta on November 9, 2011. In accordance with this regulatory legal document, changes will be made to:
- The federal law " ".
Penalty for overload on axles
First, let's look at the changes that affect penalty for overload on axles or for exceeding the permitted maximum weight.
In this case, the innovation is not that the size of the fine has changed (it, as before, is equal to 1,500 - 2,000 rubles for the driver), but that it is now possible to exceed the permitted weight only by a very small amount:
3. Transportation of heavy cargo exceeding the permitted maximum weight or axle load specified in a special permit by more than 15 percent -
3. Transportation of heavy cargo exceeding the permitted maximum weight or axle load specified in a special permit by more than by 5 percent -
entails the imposition of an administrative fine on the driver in the amount of one thousand five hundred to two thousand rubles; for officials responsible for transportation - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred fifty thousand to four hundred thousand rubles.
So, if earlier Article 12.21 1 of the Code of Administrative Offenses allowed the maximum weight or axle load to be exceeded by 15 percent, now this value has decreased by 3 times (to 5 percent).
Fine for false information about the weight and dimensions of the cargo
From November 20, 2011, a completely new traffic police fine will be introduced into the Code of Administrative Offenses, which will be imposed for the shipper providing false information about the dimensions and weight of the cargo:
3 1. Provision by the shipper of false information about the weight and dimensions of the cargo, if this entailed a violation of the rules for the transportation of large and heavy cargo, -
entails the imposition of an administrative fine on citizens in the amount of five thousand rubles; for individual entrepreneurs - from ten thousand to fifteen thousand rubles; for legal entities - from two hundred fifty thousand to four hundred thousand rubles.
The fine for such a violation can range from 5,000 rubles for citizens to 400,000 rubles for legal entities.
Fine for failure to comply with road signs
A new special fine is also being introduced for violating the requirements of road signs that limit the total weight of the vehicle or the axle load. In this case we are talking about the following signs:
5. Failure to comply with the requirements prescribed by road signs prohibiting the movement of vehicles, including combinations of vehicles, the total actual weight of which or the axle load of which exceeds those indicated on the road sign, if the movement of such vehicles is carried out without special permission, -
shall entail the imposition of an administrative fine on the driver in the amount of two thousand to two thousand five hundred rubles.
The size of the new fine for drivers will be 2,000 - 2,500 rubles. This significantly exceeds the usual fine for violating road sign requirements (500 rubles) that you can find in a year.
Penalty for misrepresentation of information about the weight and dimensions of the cargo
Another change relates not to the Code of Administrative Offenses, but to the Federal Law “Charter of Road Transport and Urban Surface Electric Transport”:
3. For failure to indicate in the waybill special marks or precautions necessary during the transportation of cargo, or for distortion of information about the properties of the cargo, a fine in the amount of twenty percent of the freight charge is collected from the shipper. Payment of a fine does not relieve the shipper from compensation for damage caused to the carrier by such violations.
3. For failure to indicate in the waybill special marks or precautions necessary during the transportation of cargo, or for distortion of information about the properties of the cargo, including its weight, dimensions, condition and degree of danger, the shipper is charged a fine of twenty percent of the freight charge. Payment of a fine does not relieve the shipper from compensation for damage caused to the carrier by such violations.
In this case, we are talking about the fact that now if the shipper provides incorrect information about the weight or dimensions of the cargo, then he will be charged a fine of 20% of the freight charge.
I believe that the introduction of new fines for overloading is aimed at limiting the movement of heavy vehicles in places where it can damage the road surface. Let's hope that this will keep at least some roads in good condition for a long time.
By the way, if you have suspicions that a new fine has been imposed on you for overloading your car, then you can, and then.
Good luck on the roads!
Every day thousands of trucks pass along the country's roads, transporting various goods from one point to another. Obviously, the constant impact of multi-ton trucks does not benefit the road surface, which gradually deforms and collapses.
Moreover, many entrepreneurs, in order to obtain short-term benefits, overload their cars, thereby not only negatively affecting the condition of the roads, but also increasing the risk of accidents due to a decrease in the maneuverability of the vehicle and an increase in its braking distance.
To combat unscrupulous truck owners, rules were introduced into the Code of Administrative Offenses of the Russian Federation establishing the amount of fines imposed on vehicle owners who committed overloading. How much will violators have to pay in 2017, and what determines the amount of money to be recovered?
Amount of fine for overloading a truck
According to the provisions of the current legislation, all trucks are divided into two categories: A and B.
Cars of group A can drive on roads of the first, second and third categories (these mean roads on which high speeds cannot be reached). Group B cars can travel on any roads (including highways).
Depending on which group the truck belongs to, as well as on the distance between its axles, the maximum load level is determined both on one axle and on the entire vehicle as a whole.
To determine the exact weight of the vehicle along with its cargo, special weighing platforms are used. The legislator provides for the possibility of an error in weighing equipment within 5% of the mass determined based on the measurement results. If the overload exceeds 5%, the traffic police inspector draws up a protocol on an administrative violation.
Imposed for overloading a truck, Art. 12.21.1 Code of Administrative Offenses of the Russian Federation and depends on the following factors:
Availability of special permission
If an overloaded vehicle has such a document, the following fine is established:
- with overload from 10% to 20%: for the driver - from 3 to 3.5 thousand rubles; for officials responsible for transportation - from 20 to 25 thousand rubles; for legal entities – from 200 to 250 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 250 thousand rubles;
- with overload from 20% to 50%: for the driver - from 4 to 5 thousand rubles, or deprivation of rights for a period of 2 to 3 months; for officials responsible for transportation - from 30 to 40 thousand rubles; for legal entities – from 300 to 400 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 400 thousand rubles;
- if overload is over 50%: for the driver - from 7 to 10 thousand rubles or deprivation of rights for a period of 4 to 6 months; for officials responsible for transportation - from 45 to 50 thousand rubles; for legal entities – from 400 to 500 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 500 thousand rubles.
No special permission
- with an overload of no more than 10%: for the driver - from 1 to 1.5 thousand rubles; for officials responsible for transportation - from 10 to 15 thousand rubles; for legal entities – from 100 to 150 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 150 thousand rubles;
- with overload from 10% to 20%: for the driver - from 3 to 4 thousand rubles; for officials responsible for transportation - from 25 to 30 thousand rubles; for legal entities – from 250 to 300 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 300 thousand rubles;
- with overload from 20% to 50%: for the driver - from 5 to 10 thousand rubles, or deprivation of rights for a period of 2 to 4 months; for officials responsible for transportation - from 35 to 40 thousand rubles; for legal entities – from 350 to 400 thousand rubles; for the owner of the car (subject to the recording of the offense by road surveillance cameras) – 400 thousand rubles.
In addition, for these offenses, the vehicle will be sent to a impound lot, and if it is impossible to ensure its delivery for any reason, it will be removed from traffic on the road using special blocking measures.
So, the amount of fines established by current legislation for overloading trucks is very significant both for truck drivers and their owners. The sanctions applied for violations of the law are aimed primarily at ensuring road safety and maintaining the integrity of road surfaces throughout the country.
The struggle of legislators for overloading trucks (Tonar, Kamaz, Volvo, Scania, Man, Gazelle, by axle...) on the roads begins with an effective solution to the problems of overloading cars on railway transport. In 2014 alone, 3 laws were adopted changing the rules for the passage of heavy vehicles.
Fines for overloading freight transport in 2019
Background
It was there that the issue of controlling the overload of freight transport along the axles was worked out and, of course, the practice of collecting huge fines associated with damage to the road infrastructure (roadbed) of the Russian Federation was developed. It is estimated that about 20% of freight vehicles are overloaded, causing damage to the road surface.
The vehicle overload is determined by the load on each axle: rear plus front. The total is the load of the vehicle's weight transmitted through the wheels to the road surface. Often the rear axle of a car bears more of the load compared to the front.
In most cases, permitting documentation for reloading is not issued. Accordingly, damage caused to roads is not compensated. At the same time, drivers often do not know about the overload, since shippers indicate underestimated data in the consignment note.
Statistics have confirmed the effectiveness of introducing fines for overloading
Every month, from 100 to 200 thousand violations of weight and size standards for trucks are recorded, which leads to billions of losses for the state and taxpayers. In particular, in 2018, more than 20 bridges were damaged by destroying trucks on federal highways. The restoration of each of these objects will take 1.5-2 years.
Since the fine for overloading was introduced, the number of violations of traffic rules has decreased by 2.5 times. If things continue like this, at this rate, then over time, congestion on the roads may become a rare occurrence, and their quality will improve significantly.
What contributed to the reduction of such offenses, as well as:
- Reduced the likelihood of accidents because lengthening the braking distance leads to an accident. Note that the braking distance is lengthened by the inertia of the load and creates a greater likelihood of the car skidding, which is inevitable in rainy weather and ice. And if the load is not secured, then there is a danger of tipping over and then other road users will also suffer.
- Extended the service life of highways, especially in terms of increasing the service life of the road before rutting. The problem of rutting has worsened in recent years due to the rapid increase in traffic intensity, as well as abnormal temperatures in the summer.
- Overload leads to increased wear of vehicle parts and components, and also increases fuel and oil consumption.
You can figure out the problem yourself by reading the article to the end to find out how much the fine is for overloading, or use the services of our company.
What is the fine for overload in 2019
In case of overload of more than 2% and no more than 10% on each axle and in general
- Driver of a vehicle (individual) from RUB 1,000.00 to RUB 1,500.00. (without deprivation of rights).
- Official (responsible) person from 10,000.00 to 15,000.00 rubles.
- Legal entity from 100,000.00 to 150,000.00 rub.
- In case of automatic fixation in the amount of RUB 150,000.00.
In the case of more than 10% and no more than 20% for each of the axes and in general
- Driver of a vehicle (individual) from RUB 3,000.00 to RUB 4,000.00. (without deprivation of rights).
- Official (responsible) person from 25,000.00 to 30,000.00 rubles.
- Legal entity from RUB 250,000.00 to RUB 300,000.00.
- In case of automatic fixation in the amount of RUB 300,000.00.
In the case of more than 20% and no more than 50% for each of the axes and in general
- Driver of a vehicle (individual) from 5,000.00 to 10,000.00 rubles, as well as deprivation of rights from 2 to 4 months.
- Official (responsible) person from 35,000.00 to 40,000.00 rubles.
- Legal entity from RUB 350,000.00 to RUB 400,000.00.
- In case of automatic fixation in the amount of RUB 400,000.00.
In the case of more than 50% for each of the axes and in general
- Driver of a vehicle (individual) from 7,000.00 to 10,000.00 rubles, as well as deprivation of rights from 4 to 6 months.
- Official (responsible) person from 45,000.00 to 50,000.00 rubles.
- Legal entity from 400,000.00 to 500,000.00 rubles.
- In case of automatic fixation in the amount of RUB 500,000.00.
The practice of our clients shows, it is necessary to advise drivers on what and how to say, where to sign, and where to sign if they do not agree. This will not only avoid fines for the company, but also the driver will avoid deprivation of his license. If the driver was charged more than 2 times under the article of the Code of Administrative Offenses of the Russian Federation regarding overloading, the court decision for the third time will be associated with deprivation of rights for at least 6 months. Such decisions are difficult to challenge on appeal, and even more so in cassation.
In some regions of Russia there are additional restrictions on overloading for the summer period; as a rule, they begin to operate from the end of May to mid-August.
If the route passes through regions of the Russian Federation, study the entire route; additional changes and restrictions are possible. The amount is determined depending on the severity of the violations, and remember! – the administrative offense will have to be eliminated in any case, and punishment cannot be avoided.
Car weighing procedure
The procedure for determining the permissible weight of a vehicle at mobile points consists of the following key points:
- The weight of the car is determined exclusively on special equipment, namely “VA-20P” scales, corresponding to GOST-R 53228-2009.
- The measurement results should not have an error exceeding plus or minus 20 kg.
- The procedure itself must be carried out in accordance with Federal Law No. 102 “On compliance with the uniformity of measurements” and Order of the Ministry of Internal Affairs No. 1014 “List of verification means”.
How many weighing attempts
If during dynamic weighing the weight of the vehicle is overweight, the truck is stopped and sent to a stationary post for re-weighing.
During control weighing, the driver must make sure that all officials have permission and certificates for this, and that the equipment is in good condition.
What should be the weight on the axle?
- if the car has two axles - 18 tons.
- if three axles - 25 t.
- Vehicle with four axles - 32 tons.
- five-axle - 35 tons.
The driver's memo sets the weight limits for the mass on the axle when they are positioned alone with a distance between them of 2.5 meters or more - from 5.5 to 11.5 tons. For more information about weight, see the end of the article!
What law states
Legislative framework regulating overloading of freight vehicles (having figured it out, “wipe the nose of any traffic inspector”)
- Federal Law No. 257 of November 8, 2007 legislated such concepts as: overload of freight transport, permissible weight, axle load, permissible axle load, highway, road users, indivisible cargo, etc.
- Decree of the Government of the Russian Federation No. 934 of November 16, 2009, defining the amount of damage and the rules for compensation for damage.
- Federal Law No. 127 of July 24, 1998 “On control over international road transport and liability for violation of this procedure.”
- Code of the Russian Federation “On Administrative Offenses” Art. 12.21 “Violation of the rules for the carriage of goods, rules of towing.”
- Order of the Ministry of Transport of the Russian Federation dated August 8, 1995 No. 73 determined the list of dangerous goods and the rules for their transportation.
- Decree of the Government of the Russian Federation of April 15, 2011 No. 272. Appendix 2 makes no distinction for single or dual wheels.
- Decree of the Government of the Russian Federation of January 9, 2014 No. 12, came into force on January 1, 2015.
- Codifier for the population of cities and towns.
Requirements for the transportation of goods in the Russian Federation
General requirements for the carriage of goods are defined in Section. 23 Traffic Rules. Thus, clause 23.1 of the Rules stipulates that the mass of the transported cargo and the load distribution along the axles should not exceed the values established by the manufacturer for a given vehicle.
When determining the values of the relevant parameters, one should proceed from the characteristics of the vehicle determined by the manufacturer, indicating:
- carrying capacity - the maximum permissible weight of transported cargo
a) for a passenger car, the number of seats and the weight of the cargo transported, depending on the number of passengers transported;
b) for a bus - nominal and maximum capacity; - curb and permissible maximum weight of the vehicle;
- distribution of curb and permitted maximum masses along the axles.
One of the most important indicators of the technical characteristics of a vehicle is the axle load value, i.e. load on the road transmitted by the wheels of a single, most loaded axle. This indicator is related to both the mass of the cargo being transported and the distribution of the payload on the vehicle.
Clause 23.2 of the Rules obliges the driver to monitor the placement, fastening and condition of the load before and during movement in order to prevent it from falling and interfering with movement. The conditions under which the carriage of cargo is permitted are also listed (clause 23.3 of the Rules).
Transportation of large, heavy and dangerous goods is carried out in accordance with special rules, liability for violation of which is provided for in Art. Art. 12.21.1 and 12.21.2 Code of Administrative Offenses of the Russian Federation.
Concepts of heavy and large vehicles
are disclosed in Art. 3 of the Federal Law “On Highways and Road Activities in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation”, into which they were included by Federal Law No. 248-FZ of July 13, 2015.
A heavy vehicle is understood as a vehicle whose weight with or without cargo and (or) the axle load of which exceeds the permissible weight of the vehicle and (or) the permissible axle load, which are established by the Government of the Russian Federation.
A large vehicle is a vehicle whose dimensions, with or without cargo, exceed the permissible dimensions established by the Government of the Russian Federation.
Powers and terms of issue and consideration
Protocols on these administrative offenses are drawn up by officials of internal affairs bodies (Part 1 of Article 28.3 of the Code of Administrative Offenses of the Russian Federation).
Cases of administrative offenses are considered by the head of the state road safety inspection, his deputy, the commander of a regiment (battalion, company) of the road patrol service, his deputy, and employees of the state safety inspection.
- Regulations in cases of these administrative offenses cannot be issued after 2 (two) months from the date of commission of the administrative offense.
- Day of commission These offenses should be considered the day of their discovery (suppression) by an authorized official.
- Place of occurrence the offenses under comment are determined by the place where they were discovered by an authorized official.
How to avoid liability for overloading
The solution was found a long time ago and it’s no secret, we won’t describe it, watch the video, all the answers are there in the first minutes.
Our legal center deals with issues of fines and liability, if you have any difficulties, please contact us, we will help you resolve 8 495 532 54 57
How can you avoid paying a fine from your company?
To do this, you need to prove that the employee acted for personal purposes, using a car without the knowledge of the company management or Individual entrepreneurs are not a legal entity by law, so the fine must be issued to the responsible person, which is significantly less than the fine for a legal entity.
Also need to remember that currently, the movement of a heavy vehicle exceeding the permissible weight of the vehicle or the permissible load on the axle of the vehicle by no more than 2% without special permission is not administratively punishable.
Administrative liability does not arise in the case when the excess of the weight parameters of the vehicle specified in the special permit is no more than 2%.
Payment of a double fine
If you have received a decision to pay a fine under Art. 12.21.1 of the Code of Administrative Offenses of the Russian Federation, but you did not appeal the decision within the period established by law and did not pay the fine, the inspector of the State Traffic Safety Inspectorate or the State Traffic Safety Inspectorate may issue a fine of double size on the basis of Part 1 of Art. 20.25 Code of Administrative Offenses of the Russian Federation. Therefore, be careful, contact us immediately after receiving a ruling (notice) to summon you to draw up a protocol on an administrative offense under Art. 12.21.1 Code of Administrative Offenses of the Russian Federation.
What is the minimum fine in court, how much can be reduced
Clause 2.2 of Article 4.1 of the Code of Administrative Offenses of the Russian Federation allows the court to reduce the imposed fine below the lowest limit (half of the minimum amount).
Jurisdiction of administrative cases regarding transshipment
According to Art. 22 of the Civil Procedure Code of the Russian Federation, Part 2 of Art. 23.1 Code of Administrative Offenses of the Russian Federation, cases of administrative offenses provided for in Art. 12.21.1 of the Code of Administrative Offences, are considered by courts of general jurisdiction. At present, judicial practice in such cases can already be considered established. The vast majority of claims against carriers and shippers are satisfied in full by the courts. Appealing such decisions does not lead to their cancellation.
At the same time, it is important to understand, that the reasons for the disgusting road, lack of signs, etc. are in no way related to overloading and have no prospects in court in the event of challenging an administrative fine for overloading.
Regarding bribing an official for overload
(payment scheme for overloaded transport routes)
On April 20, 2016, an individual was convicted of committing crimes under Part 3 of Art. 290, part 3 art. 290, paragraph “c”, part 5, art. 290 of the Criminal Code of the Russian Federation, with the appointment of penalties: under Part 3 of Art. 290 of the Criminal Code of the Russian Federation for each of two crimes in the form of imprisonment using Art. 64 of the Criminal Code of the Russian Federation for a period of 2 years, with a fine of thirty times the amount of the bribe in the amount of 2,100,000 rubles, using Part 3 of Art. 47 of the Criminal Code of the Russian Federation, with deprivation of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of government, for a period of 2 years with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation of the special rank “senior police lieutenant”, and under paragraph “c” of part 5 of Art. 290 of the Criminal Code of the Russian Federation in the form of imprisonment using Art. 64 of the Criminal Code of the Russian Federation for a period of 4 years, with a fine in the amount of thirty times the amount of the bribe in the amount of 13,725,000 rubles, with deprivation for a period of 2 years and 6 months of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a government representative , with deprivation on the basis of Art. 48 of the Criminal Code of the Russian Federation with the special rank of “senior police lieutenant”; on the basis of Parts 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation, for the totality of crimes, by partial addition of the imposed punishments, K. was finally sentenced to imprisonment for a term of 5 (five) years, with his serving in a high-security correctional colony, with a fine of 15,000,000 rubles, with deprivation of the right to hold positions in the public service in the system of law enforcement agencies of the Russian Federation related to the exercise of the functions of a representative of government, for a period of 3 years, with deprivation of the special rank of “senior police lieutenant.”
The individual was found guilty by the indicated verdict of receiving a bribe twice, i.e. an official personally receiving a bribe in the form of money, in a significant amount, for committing illegal actions in favor of the briber and, by virtue of his official position, facilitating such actions, and was also found guilty of receiving a bribe, i.e. receipt by an official of a personal bribe in the form of money in a large amount for committing illegal actions in favor of persons represented by the bribe-giver and facilitating, by virtue of his official position, such actions.
Who gave the bribe
Each was convicted of committing crimes under Part 3 of Art. 291, paragraphs “a, b”, part 4, art. 291 of the Criminal Code of the Russian Federation, with the appointment of penalties for everyone: under Part 3 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of 2 years, with a fine using Art. 64 of the Criminal Code of the Russian Federation in the amount of ten times the amount of the bribe in the amount of 700,000 rubles, and under paragraphs “a, b”, part 4 of Art. 291 of the Criminal Code of the Russian Federation in the form of imprisonment, using Art. 64 of the Criminal Code of the Russian Federation, for a period of 3 years, with a fine of twenty times the amount of the bribe in the amount of 9,150,000 rubles; on the basis of Parts 3 and 4 of Art. 69 of the Criminal Code of the Russian Federation for the totality of crimes, by partial addition of the imposed punishments, F... and R..., each was finally sentenced to imprisonment for a term of 4 years, to be served in a general regime correctional colony, with a fine of 9,500,000 rubles .
The crimes were committed in 2014 in the city of Moscow under circumstances detailed in the verdict. At the same time, the average size of a bribe received by a Moscow official from business representatives in 2016 increased two and a half times compared to 2015. In 2015, police recorded a similar increase, doubling the 2014 level. Against the backdrop of falling real incomes of citizens, such an increase in the welfare of corrupt officials is especially impressive, and will be even more impressive by the end of 2017.
The convicts were taken into custody in the courtroom, the verdict resolved questions about the calculation of sentences and material evidence in the case. The appeal and cassation upheld this decision.
Additional penalties for overloading
1 . There is also a fine for violations in the preparation of documents, which is an incorrect indication of the weight of the cargo. The difference between the weight according to documents and the weight determined by scales at the site of the administrative violation (distortion).
- Driver of a vehicle RUB 5,000.00
- Individual entrepreneur from 10,000.00 to 15,000.00 rubles.
- Legal entity from RUB 250,000.00 to RUB 400,000.00.
2 . Fine for failure to comply with road signs. If there are restriction signs along the route.
- Driver of a vehicle from RUB 2,000.00 to RUB 2,500.00.
3 . Judicial proceedings regarding property damage caused by vehicles transporting heavy cargo on the roads of the Russian Federation” established a procedure for compensation for damage (Government Decree No. 934 of November 16, 2009).
- According to Part 1 of Art. 1079 of the Civil Code of the Russian Federation - the obligation to compensate for damage is assigned to a legal entity or citizen who owns a source of increased danger by right of ownership, right of economic management or right of operational management or on another legal basis (by right of lease, by power of attorney for the right to drive a vehicle, by virtue of an order from the relevant authority to transfer a source of increased danger to it, etc.). In Tyumen, there is a similar unpleasant practice, according to the court ruling dated February 3, 2014 in case No. 33-431/2014, in favor of the Federal State Institution "Federal Administration of Highways "Siberia" of the Federal Road Agency" payment for the transportation of heavy cargo when traveling along for public roads of federal significance in the amount of 207,106 rubles. 30 kopecks, legal expenses in the amount of 1628 rubles. 76 kopecks, total 208,735 rubles. 06 kop.
Rules for the transportation of oversized cargo
Traffic rules (abbreviated as traffic rules) in paragraph 23.4. read: “If the load on a vehicle protrudes more than 1 meter from the rear or 40 centimeters from the sides, it must be marked with “oversized load” signs during the daytime. At night, it is necessary to additionally install white reflectors or a lantern in front, and equip the cargo with red reflectors at the rear.”
But in addition to the traffic rules, the Code of Administrative Offenses, Part 2 contains the following amendment:
“Transportation of goods that exceed the dimensions specified in the special permit, more than 10 centimeters, entails a fine of 1,500 to 400,000 rubles.”
Freight transport overload
By law, overloading or failure to comply with dimensions (exceeding) is administratively punishable, with liability ranging from a fine to deprivation of a driver’s license.
In the “realities of life”, the mass of the car is transferred to the road surface by the wheels of each axle and there are two types of load on the axle:
1. Permissible load on the transport axle determined by the manufacturer.
2. Limitation of axle load fixed by law.
The total load on the vehicle axles is the permissible load as provided by the manufacturer and required by legal restrictions.
According to the classification, freight vehicles are divided into two types:
1. cars of group A (they are allowed to be used only on tracks of the first, second and third categories);
2. cars of group B (their operation is permitted on roads of any category).
The permissible axle load for cars of group A ranges from 10 to 6 tons (depending on the distance between the axles). For a car of group B, the load can range from 6 to four and a half tons.
According to GOST R 52051-2003, the categories of vehicles intended for the transportation of goods in Russia received the following names: N1 - light-tonnage (up to 3.5 tons), N2 - medium-tonnage (more than 3.5 - up to 12 tons) and N3 - heavy-duty vehicles (over 12 t).
More information about the permissible axle load of groups A and B
| № p/p |
Distance between axes |
||
| 1 | Over 2 | 10 | 6 |
| 2 | 1,65-1,2 | 9 | 5,7 |
| 3 | 1,65-1,35 | 8 | 5,5 |
| 4 | 1,35-1 | 7 | 5 |
| 5 | up to 1 | 6 | 4,5 |
Annex 1- the weight of a single vehicle (meaning, without a trailer), during static weighing, should not exceed:
18 tons for a 2-axle vehicle;
25 tons for 3 axles;
32 tons for 4-axle;
35 tons for 5 axles.
Appendix 2- the permissible loads on the vehicle axles are indicated for dynamic weighing.
For single vehicles, with a distance between axles of 2.5 meters or more, the axle load should not exceed:
6 tons for a road designed for 6 tons;
10 tons for a road designed for 10 tons.
For reference: In European countries, higher loads are established on transport corridors (in Poland and Germany, for example, the permitted weight of road trains is up to 40 tons, and in Slovakia - 44 tons).
How and where to obtain a permit (pass) for the transportation of heavy and bulky cargo
For example, in Moscow, the issuance of special permits for the transportation of heavy and (or) large-sized cargo along the city road network is carried out by the Department of Housing and Communal Services and Improvement of the City of Moscow in a “one window” mode (see Regulations for the preparation and issuance of special permits for the transportation of heavy cargo and (or) large-sized cargo along the road network of the city of Moscow, approved by Resolution of the Moscow Government of August 24, 2010 No. 735-PP).
Issues of organizing the movement of vehicles transporting large-sized and heavy cargo, as well as requirements for the technical condition, equipment of vehicles and the designation of cargo are set out in the Instructions for the transportation of large-sized and heavy cargo by road on the roads of the Russian Federation, approved. By order of the Ministry of Transport of Russia dated May 27, 1996.
